Officials said Thursday that South Dakota’s top prosecutor would face misdemeanor charges, but avoid felony charges.
Attorney General Jason Ravensborg was struck with three misdemeanors for operating a motor vehicle, using a mobile device, driving out of a lane and reckless driving, Emily Sowell, deputy Hyde County state attorney.
Sowell said that there is no evidence that Ravensborg was impaired and that there was not enough evidence to charge Ravensborg for the death of Joseph Boever with more serious crimes, such as vehicular homicide or murder.
“It doesn’t surprise me a bit, but it disappoints me,” Boover’s cousin Victor Nemec told NBC News. “This state is nationwide to be well known when it gets elected officials into trouble.”
Sowell claimed he saved his office and investigators from political influence and explained that under South Dakota’s narrowly defined vehicular homicide statute, a criminal would have to be under the influence of alcohol or drugs.
Although it took hours for a blood draw from Ravensborg, the prosecutor said he believed Ravensborg was not impaired.
“A very thorough investigation was carried out for every step, which was taken by him in the preceding hours and nothing was indicated to be under the influence of alcohol or drugs,” he said.
Sowell said the monsoon would not apply either, as it would call for reckless behavior that “exceeding just a simple ordinary negligence standard in violation of the law” and “operating a motor vehicle is not sufficient to constitute negligence . ” Necessary. “
According to the crash report released in early November, the high-powered Boover was carrying a light while walking toward US Highway 14 when Ravensborg hit him severely on September 12 with his Ford 2011 Taurus.
The accident report stated that Ravensborg was “distracted” when he drove over a highway shoulder and that Boeuvre was not responsible for any “contributing circumstances” to the fatal accident.
Earlier in the night, Boever’s truck crashed into a ditch off Highway 14, and Nemec drove his cousin home. Bower apparently returned to the truck later to get something and Nemec said that he wasn’t sure why his cousin didn’t wait until the next morning.
Revsborg reported to the Hyde County Sheriff’s Office that he had killed a deer and found the body of Boever the next day.
“It was a very dark night, it was in a rural area,” Sowell said. “It is not well lit in any artificial way.”
Those raped face a maximum sentence of 30 days in prison and a fine of up to $ 500.
While Ravensborg is alleged to have been on the phone while driving, prosecutors clarified that his phone was in use well before the fatal crash – and that his two devices were hit at least one minute before impacting 67 mph. Was shown off for.
Despite surviving more serious felony charges, Ravensborg could still be targeted by Boeever’s family in a lawsuit.
“It’s a tragic accident that took Mr. Boever’s life too soon,” Beadle County State Attorney Michael Moore. “The victim’s remedy is in civil court, not criminal court.”
Ravensborg’s Chief of Staff declined to provide the prosecutor for comment on Thursday.
“My heart goes out to Joseph Boever’s family,” Sarkar. Christy Noam said in a statement. “I am not going to comment on the specifics of Ms. Sowell’s decision. I am directing the public to share additional details of the investigation with the public within the next week.”
Suzanne Sikhelski has contributed.